Commissioners name felon to DD board, pledge changes

Sunday

Jan 7, 2018 at 12:01 AM

By Matthew MerchantReporter

Portage County Commissioners don’t use a formal process for naming citizens to influential county boards, a practice that allowed them to appoint a convicted felon to the board of an agency with a $20 million annual budget.

For years, commissioners have made appointments to more than 20 boards — including the Mental Health & Recovery Board, county Port Authority, Board of Developmental Disabilities, among others — without asking for a resume, conducting a background check, or thoroughly vetting candidates.

On Dec. 19, commissioners appointed a man to a vacant seat on the Board of Developmental Disabilities who has an extensive felony and misdemeanor criminal record and owed $31,000 in child support last summer, according to court records.

A day later, multiple DD board members called both commissioners and outgoing DD Board President Ralph Kletzien to express concerns. The DD board, coming off a six-week employee strike, works with medically fragile children and adults.

Commissioner Vicki Kline said she is embarrassed the county does not have a formal appointment system in place.

“This has been like an egg to my face,” she said when asked about the lack of procedure. “I know we need to be vetting this because we haven’t done so before. My concern is that we don’t want to cross any (legal) lines.”

The commissioners voted Dec. 19 without their third member following the death of Maureen Frederick on Nov. 29. New commissioner Mike Kerrigan will be sworn in on Wednesday.

Following the questionable appointment, the Record-Courier learned there is no questionnaire for applicants to fill out. Commissioners do not even ask for the applicant’s phone number or contact information.

There’s also no formal interview process involved, other than having candidates come before the board during public session for a brief discussion.

Some candidates are simply appointed, sometimes with commissioners’ staff contacting the individual after the appointment has been made. Typically, few questions are asked other than “Why are you a good fit for this board?”

Some applicants provide a statement about why they want the position, some do not. Some submit a resume voluntarily, some do not.

There’s also no background check involved. According to County Prosecutor Victor Vigluicci, Ohio law states that individuals with criminal records are often barred from working at a particular location or organization, but volunteer board members are not typically subject to the same scrutiny.

APPOINTING A FELON

Four people applied for two vacant seats on the DD board. Members serve a three-year term. The commissioners sought advice on each of them from current board members, including Kletzien.

The first, Cheri Michael, applied for reappointment for her spot after completing one term. She was reappointed to keep consistency on the board, commissioners said.

The second, Mike DeLuke, currently serves as a staff representative for the American Federation of State, County and Municipal Employees Ohio Council 8. Commissioners were told that his heavy involvement in the union, including during his time with Robinson Memorial Hospital, was a concern, especially following a union strike.

The third, Renee Toth, is a concerned parent of three children who use DD services and is involved with Akron Children’s Hospital and other DD-related services in the Summit County area.

Commissioners were told in a letter from the DD board’s Service and Support Administration staff, which were on strike, that she “took a side” during the dispute, likely referring to one public DD meeting where she urged both sides to work together before clients were harmed.

In an Oct. 18 Record-Courier article, Toth was quoted as saying it was time for the SSAs to return to work.

“Right now, a lot of the families are feeling betrayed by their own SSAs. My children are affected and I’m afraid for my child’s services,” she said at a board meeting.

The fourth, William Tarver, did not provide his employment information to commissioners and said his involvement with the DD community extended to working with his brother, a client at the Portage Industries workshop.

Tarver — who describes himself as “The Most Hated Man in Portage County Ohio” on his personal Instagram account — was the commissioners’ pick for the second vacant spot.

According to the publicly accessible CourtView online records, Tarver was convicted on felony charges of violating a temporary protection order and six counts of failure to pay child support between 2010 and 2012, and also has at least eight other misdemeanor criminal convictions.

Tarver pleaded guilty to six fifth-degree felonies for criminal non-support of dependents in May 2012 and was convicted by a jury in April 2011 of violating a protection order, also a fifth-degree felony. Those charges would show up on a criminal background check for employment. A June court entry stated Tarver owed $31,000 in back child support as part of a civil judgment.

While Tarver could legally be appointed to the volunteer DD board, he could not be employed at the board because of the felonies on his record, according to information provided by Vigluicci. He did not specifically address Tarver’s record. Commissioners did not ask about any of the candidates’ criminal records, or even conflicts of interest related to the board.

Kline, in discussing the possible appointment of Tarver to the DD board at the Dec. 19 meeting, said he “would definitely give us some diversity on the board,” with little discussion of his merits.

Compared to the three other candidates who sought the position, Tarver submitted the least amount of background information — only two paragraphs. Both also contained questionable statements.

It read: “My name is William Tarver. I have been a lifelong resident of Portage County. I have a 52-year-old brother that is Autistic. He is a client at Portage Industries. Being a part of the MRDD board is something is very near and dear to my heart. I have been an advocate for many people; I also feel that with my lifelong experiences I would be an asset (to) the MRDD board. I was a steward for teamsters 507 in Brook Park and 24 in Akron. I am currently a member of the crisis team (at) Stanton Middle School. I held a position on the City of Kent Charter commission in 2005.”

The Record-Courier reached out to Teamsters 507 to confirm if Tarver was ever a steward for the union. Carl Peoraro, the secretary-treasurer of 507, confirmed that Tarver was never a union steward, only a member.

A call placed to Teamsters 24 for the same confirmation was not returned.

According to an email from Stanton Assistant Principal Kathy Scott, Tarver “has not been part of our crisis team — We have only school employees and outside agency employees — such as police, mental health counselors, clergy etc.” During an interview with the Record-Courier, Tarver continued to claim that he is a member.

TARVER RESPONDS

“I’m not the normal Portage County person. I’m focused on this town and what I can do to help the people at the DD,” Tarver said. Tarver, who describes himself as an advocate for the DD community, said complaints have been made about him in the past, especially regarding his social media presence.

In several 2011-2013 posts and photo albums on his personal Facebook and Instagram pages, Tarver can be seen holding various semi-automatic firearms.

According to the Federal Public Defender of Northern Ohio, “Under Ohio law, a person convicted of any felony offense of violence or any offense involving the illegal possession, use, sale, administration, distribution, or trafficking of any drug of abuse is prohibited from knowingly acquiring, having, carrying, or using any firearm or dangerous ordnance.”

When asked about his criminal record and whether he thought that should disqualify someone from serving on a board like that of the DD, he said he didn’t believe he even had a criminal record.

“I don’t put any credence in CourtView, Portage County courts, or anyone else’s opinion about me. Because I was there and I know if I’m guilty or not guilty. You can call me a 25-time felon. I know that I’m not a felon. I don’t care what the (Ohio Revised Code) or any other thing says about me. I’m flawless. I love people. I don’t have a mean bone in my body. I will not be cornered, but I will serve this board and serve these clients,” he said.

Both Kline and Commissioner Sabrina Christian-Bennett said it was doubtful that Tarver would resign amidst the public scrutiny, something he agreed with.

“They appointed me to the board. I’m going to serve on the board. I’m not going to resign,” he said.

The Record-Courier also ran the names of current DD board members through the CourtView system. None had anything other than traffic violations.

A CHANGE UNDERWAY

Christian-Bennett said that, in hindsight, not having a formal process in place should have been a red flag. But because the commissioners have relied on word-of-mouth recommendations without any kind of serious vetting, she simply did what has always been done.

“These boards are based on the spirit of volunteerism. All you have to have to serve on one of these boards is a passion, and in this case, a connection to the DD. Call me naive, but I hope people applying for boards like this wouldn’t have an agenda or lie,” she said. “We definitely need to change things, but this has never happened. If it’s not broke, then we don’t fix it.”

On Thursday, JoAnn Townend, the director of Internal Services — who has worked with the county for more than 40 years — suggested during a regular meeting that a formal process be implemented.

Townend said she has already consulted with surrounding counties and the governor’s office to compare best practices, and plans to draft a questionnaire to be approved by the county prosecutor’s office.

“Several people have asked me ‘What was your procedure?’ Well, we didn’t have one. We definitely wouldn’t have a document that you would have to fill out and then move to nothing. We always do the other way: We have nothing and we move to a document to use,” she said. “We’re moving in the right direction.”

COUNTY, DD RESPONSE

Kline and Christian-Bennett said that, despite their concerns for the appointment, there is no remedy. Once an appointment is approved by vote of the commissioners, it’s out of their hands.

“We’re going to be reviewing everything, because there’s never been a process in place, especially to deal with a situation like this,” said Christian-Bennett, who acknowledged that she knew Tarver before the interview.

Kletzien said he has suggested that anyone seeking board appointment should meet with the DD administrative team to see if they’d be a good fit, saying selection for appointments should be like selection for new employees.

He also added that the county should change their policies to address all boards and commissions, including how the spots are advertised.

“The commissioners are stuck with whoever comes forward. They need to address that issue because it’s not working. It’s hard to hear they don’t have a system in place. Every year, DD board members must fill out a questionnaire about conflicts of interest and such. I think background checks and submitting resumes are both important,” he said.

Kletzien, whose term at the DD board ended this month, said he did not know Tarver himself nor had he ever met him. However, after discussing the appointment with fellow board members, he described Tarver’s appointment “a concern.”

In a letter sent to the commissioners announcing that he would not seek reappointment, Kletzien emphasized that the DD board’s role is to ensure the DD administration meets the agency mission. Not only that, but board members should be able to think strategically in the long- and short-term, he said.

“The board is a very important position best served by people in high standing in the community, by people who know the role of governance of a public body at a public agency. We’re hoping that whoever is appointed will fulfill those qualifications,” he said.

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